What Is a Mechanics Lien in Mississippi — Complete 2026 Guide
✓ Verified against Mississippi statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
Mississippi mechanics lien deadlines at a glance
Preliminary Notice
None (owner) — Sub: pre-notice
Mechanics Lien
12 months — From last date of furnishing
Enforcement
1 year — From filing
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90-Day Filing Deadline Under Miss. Code Ann. § 85-7-405
Under Miss. Code Ann. § 85-7-405, every Mississippi construction lien claimant must file a verified lien claim with the Chancery Clerk of the county where the property is located within 90 days from the date the labor was last performed or the materials were last furnished. The 90-day window applies uniformly across all claimant types — general contractors, subcontractors at any tier, and material suppliers. There is no separate filing window for prime contractors versus sub-tier claimants. The 90-day deadline is absolute. Missing it permanently eliminates the claimant's lien rights for that project. Each claimant's clock runs from that claimant's own last date of substantive furnishing — not the project completion date and not the prime contractor's last day on site. The lien claim must include the claimant's name and address, the property owner's name, the contracting party's name (if not the owner), a sufficient legal description of the property, the amount claimed, an itemized statement or account of the labor or materials furnished, and verification by oath. Within 2 business days after filing, the claimant must serve a copy of the filed lien on the property owner by registered or certified mail with return receipt.
30-Day Pre-Lien Notice Under Miss. Code Ann. § 85-7-403
Under Miss. Code Ann. § 85-7-403, every Mississippi sub-tier claimant — any subcontractor, sub-subcontractor, or material supplier who does not have a direct contract with the property owner — must serve a written Pre-Lien Notice on both the property owner and the prime contractor at the time of first furnishing labor or materials. Service of the Pre-Lien Notice must occur at the time of first furnishing and in no event later than 30 days after first furnishing. The Pre-Lien Notice is a strict precondition to lien rights for any sub-tier claimant. A subcontractor who skips the Pre-Lien Notice or serves it more than 30 days after first furnishing has no lien rights at all in Mississippi, regardless of how much was earned and unpaid. There is no opportunity to cure after Day 30. The notice must be served by registered or certified mail with return receipt requested. Original contractors are exempt from the Pre-Lien Notice requirement because they are in direct privity with the property owner.
82 Counties and Mississippi's Distinctive Chancery Clerk Filing
Mississippi construction liens are filed with the Chancery Clerk of the county in which the improved property is located. Mississippi is one of a small number of states that uses the Chancery Clerk rather than the Circuit Clerk or Recorder of Deeds for lien recording — a vestige of Mississippi's distinctive equity-court jurisdictional structure. Mississippi has 82 counties. The most active construction counties include Hinds County (Jackson — the highest-volume county), DeSoto County (Southaven, Olive Branch — the rapidly growing Memphis-area suburbs and the fastest-growing county in the state), Harrison County (Gulfport, Biloxi — the Gulf Coast tourism and casino hub), Madison County (Madison, Ridgeland), Rankin County (Brandon, Pearl, Flowood), Lee County (Tupelo), Lauderdale County (Meridian), Forrest County (Hattiesburg), and Jackson County (Pascagoula, Moss Point — the eastern Gulf Coast industrial hub including Ingalls Shipbuilding). A construction lien filed with the Mississippi Circuit Clerk by mistake creates no valid lien — the Circuit Clerk handles law cases and criminal matters, not real-property records.
180-Day Enforcement Deadline Under § 85-7-405(3)
Under Miss. Code Ann. § 85-7-405(3), an action to enforce a Mississippi construction lien must be commenced in court within 180 days from the date the lien was filed with the Chancery Clerk. Mississippi's 180-day enforcement window is among the shortest in the country — comparable to Utah and Wyoming and significantly shorter than Arkansas's 15 months, Texas's 1 year, or North Dakota's 3 years. The brief enforcement period requires Mississippi claimants to move from recording to enforcement litigation efficiently. Calendar the 180-day enforcement deadline immediately upon recording. Set a 120-day reminder to evaluate payment status and a 150-day reminder to retain Mississippi construction counsel if the dispute remains unresolved. Once the 180-day window closes, the lien expires by operation of law and cannot be enforced regardless of merit — only an unsecured contract claim against the responsible party survives.
Frequently Asked Questions
How long do I have to file a mechanics lien in Mississippi?
All Mississippi claimants must file a verified construction lien with the Chancery Clerk within 90 days from last furnishing under Miss. Code Ann. § 85-7-405. The 90-day window applies uniformly across all claimant types. Sub-tier claimants must also have served the Pre-Lien Notice within 30 days of first furnishing under § 85-7-403. Within 2 business days after filing, serve a copy of the filed lien on the property owner.
Do subcontractors need a preliminary notice in Mississippi?
Yes — Mississippi sub-tier claimants must serve a written Pre-Lien Notice on both the property owner and the prime contractor at the time of first furnishing under § 85-7-403, and in no event later than 30 days after first furnishing. A subcontractor who skips the Pre-Lien Notice or serves it more than 30 days after first furnishing has no lien rights regardless of how much was earned and unpaid. Original contractors are exempt.
Where do I file a mechanics lien in Mississippi?
File with the Chancery Clerk of the county where the improved property is located — Mississippi is one of the few states that uses the Chancery Clerk rather than the Circuit Clerk or Recorder of Deeds. Mississippi has 82 counties. Major construction-volume counties include Hinds (Jackson), DeSoto, Harrison (Gulfport/Biloxi), Madison, Rankin, Lee (Tupelo), Lauderdale (Meridian), Forrest (Hattiesburg), and Jackson (Pascagoula).
How long do I have to enforce a Mississippi construction lien?
Under § 85-7-405(3), an action to enforce the lien must be commenced in court within 180 days from the date the lien was filed with the Chancery Clerk. Mississippi's 180-day enforcement window is among the shortest in the country. Calendar the deadline immediately upon filing.
Who can file a mechanics lien in Mississippi?
Under §§ 85-7-401 through 85-7-433 (substantially amended in 2014 to create true sub-tier lien rights for the first time in Mississippi history), every contractor, subcontractor, sub-subcontractor, material supplier, equipment lessor, and laborer who furnishes labor, services, materials, or equipment for the construction, alteration, or repair of any building, structure, or improvement on real property in Mississippi has a construction lien — provided the 30-day Pre-Lien Notice (sub-tier only), 90-day filing deadline, and 180-day enforcement deadline are all satisfied.